Use this Sample Answer to Summons for Credit Card Debt
Handling subpoenas and complaints related to unpaid credit cards is a terrifying and traumatic experience for many. When you receive subpoenas and complaints about debt, it is likely that the processing server has visited your home or workplace, requesting your name and providing a copy of the subpoena.
If you have endured this experience, do not give up hope. You may be overwhelmed and intimidated by the fact that the courts are likely to take over a large bank or financial institution. This is perfectly understandable, but keep in mind that you have legal rights and can fully dispute the charges charged by your credit card company in the accompanying complaint. Many debt collection lawsuits are erroneous or may not owe the amount claimed in the lawsuit. This is why you must assert your rights by filing an answer to a grievance.
When you receive service, please take the time to thoroughly review your summons and complaints. This is important because you need to know which companies or financial institutions are suing you and which accounts are claiming to be delinquent. Identifying the bank, credit card company, or debt collection agency that filed the lawsuit can help you gather the information and documents you need to respond to the lawsuit.
When gathering relevant information, it is important to determine the age of the debt identified in the lawsuit. Why? This is because most states have laws regulating how long debtors can pursue their debts. These state laws are known as statute of limitations. After a debt has expired, debt collectors are usually prohibited from suing you for an attempt to recover the debt.
When drafting a response to a complaint, it is important to systematically address and resolve each claim raised in the complaint. In most cases, you will want to respond by approving, rejecting, or indicating that you lack the knowledge to respond.
If the allegations in the complaint are true, you must respond verbatim to the answer. For example, if the complaint alleges that you reside in 2121 XYZ Lane, you must respond positively that you reside in that location. Here are some "OK" responses you can use for your answer.
"Accept."
Defendant acknowledges that he resides at the residence stated in the complaint.
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